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Thread: Welcome to our Post-Constitutional America.
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07-10-13, 12:05 PM #142
Re: Welcome to our Post-Constitutional America.
That's fine, and I don't disagree, but it's not enough. Claims of rights violations are an expensive and arduous federal process. It needs to be the last in a many-layered set of constraints and remedies.
Another point: most police aren't constitutional experts. The issues are fuzzy enough for the experts. City cops can't be making decisions by asking themselves "is this Constitutional?" First off, they're not qualified. Second, it would be an operational nightmare.
Lots of people are sworn to uphold the Constitution, but almost none of them are doing it directly. They rely on other people to set up policies and procedures, and to revise them if the courts say so.
ÆAlundil liked this post
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07-10-13, 01:02 PM #144
Re: Welcome to our Post-Constitutional America.
Okay, I'm with you Civil I understand your viewpoint and I'm not saying you're wrong, only that I see a little bit differently. I'm going off the original intent of checkpoints. For the most part, I think they serve there purpose. Like I said, I think it's more controversial these days due to advances in technology. I'm not saying I condone this, or it's right, but what I'm trying to say is I don't believe it's becoming more of a problem. If anything it's always been a problem, and it's coming to light more so now than before.
Laz - I don't like your post. You quote Civil and I don't think ( I could be wrong) he's saying society is socialized and we all think it's normal to treat people as criminals. No one ever said it's normal to treat everyone as criminal. Further, society is not socialized, this strikes me as a weak attempt to rally your troops and it sucked imo. People are up in arms about these events and they are being brought to light (thanks to cell phone recorders). So "we" aren't becoming socialized, for that matter neither am I because I went against the grain. I feel as if you've brainwashed yourself. I have no trouble listening to contradicting views from DG, Civil, Ae, whoever. But you seem to take a simple argument and turn it some big rant, and frankly it's just ignorant.
Ae - I understand, like many other facets of the law the interpretation has changed. I do agree that even so much as telling people to go into a checkpoint makes it seem is if your rights are violated given that you've done nothing wrong. From what I understand DUI stop are random and pull every 4th or 5th car to avoid discrimination. Again, I'm for it because I think it's effective in deterring some from drinking and drive thus potentially savings lives. You know, even seeing a police on the side of the road or with sirens on already gives me an uncomfortable feelings (and i'm sure others) even though I know I've done nothing wrong. Maybe you're right and police are too empowered, maybe that's why people pump their brakes even though they're driving the limit or never a pass a cop when they're on the road. But if that's the case then the issue is much larger than checkpoints imo.
Trigger- actually, I think you can claim your car as your domain; therefore, it is technically your home per se.
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07-10-13, 01:16 PM #145Re: Welcome to our Post-Constitutional America.
I try to think of things logically, and follow the KISS method. I also realize that most/all of our laws are based on precedence, so if we set the precedent that it is ok to stop someone because we know based on statistics that X% of people in an area are driving under the influence then what is to prevent that precedent from moving to we know Y% of brown people driving are illegal, so we have the right to stop them too. Then we know that Z% of people driving cars with small rims and crazy paint schemes are gang bangers and/or drug dealers, and thus are likely to have guns and/or drugs in their car, so it is ok to stop them.
Is that going to happen tomorrow? Of course not, but what if we went back in time to 1995 and I told you that to board a plane you would have to submit to either a scanner that showed all your goods or a body cavity search? My best bet is you would offer me some foil, yet here we are today having pissed away those freedoms in the name of "safety".-Lazarus- liked this post
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07-10-13, 01:22 PM #146
Re: Welcome to our Post-Constitutional America.
Man that's another can of worms. It's hard to argue the TSA for obvious reasons. Let me just say, if in 1995 you know terrorists were using planes to inflict damage what preventative measures would you take to try and prevent it in the future? What's a good course of action?
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07-10-13, 01:42 PM #147Re: Welcome to our Post-Constitutional America.
And therein lies the rub when discussing all of these things. We require everyone to have auto insurance, but we also have the need for uninsured motorist insurance because even though it is required not everyone does it. So do we want our freedom, which also means that bad people have more ability to do harmful things, or do we want our safety, which means many honest and law abiding citizens give up their freedom to do some basic things in a simple way. Should you and I, as law abiding citizens, be inconvenienced because there are people who do not obey the laws? Should it be against the law for me to leave my car running while I run into a convenience store when it is over 100 degrees outside? Probably not, but because we can't count on criminals to obey the legit laws we feel the need to enact laws that make law abiding citizens criminals too in order to prevent more heinous crimes.
So to your question, what would I do? I guess there isn't much that could be done that wouldn't cause as much, or more, harm than the act itself. Yes, I am saddened, as everyone is and was, by the loss of life on that tragic day, but what would have prevented it had we known that was the plan? We could infringe on airline passengers' rights a la the TSA. We could infringe on Muslims' rights by putting anyone who could potentially be a radical terrorist in some camp, or worse. We could add more armed sky marshals to flights, but then we have more "cops" preconditioned to think Muslims are terrorists, so odds are we would have innocent Muslims or even people that may not be Muslim but have physical appearances that give the impression that they could be targeted by said cops.
My personal opinion is stiffer penalties for people who do break legit laws. I know this in and of itself does not prevent the crime from happening, but do away with all the books, magazines, TVs, and other entertainment in jails and prisons. If you infringe on the liberties of others you have your liberties taken away. You get 3 hots and a cot. PERIOD. Yes, I know, prison isn't a country club, but it also isn't much of a deterrent either seeing as how many people go right back shortly after they get out. Make prison hell, and more people would be likely to not come back, and possibly not come in the first place.
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07-10-13, 02:27 PM #149Re: Welcome to our Post-Constitutional America.
Smells like more of your one-liner toll bait posts, but I'll bite.
TBH, for violent criminals I am not opposed to reducing the level of guard interaction/intervention. As it is now we go through special measures to make sure people with white skin are over here, brown skin over there, and black skin over over there. Then within those groups we take further action to make sure to segregate the skin colors by the color of clothes they wore outside, the tattoos they have, and/or the hand signals they like to make. To that I say screw you. If you valued having the freedom to choose who you got to hang out and live with then maybe you shouldn't have committed the crimes you were convicted of.
But Civil, if we allow/require different races and gangs to interact too closely in max security prisons won't there be fights and violence? I guess that is up to the criminals, but if they figure the best use of their time is in beating the crap out of each other who am I to judge?
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